For many immigrant workers, the workplace can feel like a battlefield, especially under policies designed to create fear and uncertainty. The Trump administration’s harsh immigration stance left many wondering if they had any rights at all. But here’s the truth: no matter your immigration status, you are protected under U.S. labor laws. At Guerra & Casillas LLP, we are here to ensure that no worker is bullied, threatened, or exploited by an employer trying to take advantage of their immigration status.
Your Rights as a Worker—No Matter Your Status
Too often, immigrant workers are told they don’t have the same rights as others. That’s simply not true. Whether you have a visa, are undocumented, or are in the process of adjusting your status, federal and California law protect you from exploitation and abuse in the workplace.
Employers cannot use your immigration status as an excuse to underpay you, expose you to unsafe conditions, or punish you for speaking up. California law provides specific protections for workers facing immigration-related threats.
Here’s what the law says:
✅ Labor Code § 1024.6: Your employer cannot fire, discriminate, or retaliate against you for updating or attempting to update personal information, such as providing a new Social Security number.
✅ Labor Code § 244(b): Employers are prohibited from reporting or threatening to report your immigration or citizenship status, or that of your family, because you exercised your rights under labor laws.
✅ Business & Professions Code § 494.6: If an employer retaliates by reporting your immigration status, their business license can be suspended or revoked.
✅ Labor Code § 1019: Courts may suspend an employer’s license for engaging in retaliatory unfair immigration-related practices, such as:
- Requesting excessive documentation of work authorization
- Misusing E-Verify
- Threatening to call immigration authorities
- Filing false police reports
✅ Bus. & Prof. Code § 6103.7: Even attorneys can face discipline for reporting or threatening to report a worker’s immigration status because they exercised employment-related rights.
✅ Penal Code §§ 518–519: Threats to report your immigration status in exchange for money, silence, or labor may be criminal extortion—a felony offense.
Employer Retaliation Can Backfire—You May Qualify for Immigration Relief
Many workers don’t realize this, but employer retaliation can open the door to immigration protections. If you’ve been a victim of threats, coercion, or other illegal tactics after reporting labor violations, you may qualify for:
🔹 U Visa – For victims of certain crimes (including extortion, obstruction of justice, or workplace retaliation) who assist law enforcement.
🔹 T Visa – If you were forced to work under threats or coercion, you may qualify under human trafficking protections.
🔹 Deferred Action – Temporary relief from deportation may be available if you’re involved in a labor dispute under review by labor agencies.
Federal agencies such as the National Labor Relations Board (NLRB), Department of Labor (DOL), and Equal Employment Opportunity Commission (EEOC) are also empowered to protect immigrant workers, even undocumented ones.
Fight Back Against Employer Abuse—We’ll Stand With You
Fear should never silence you. Employers who try to manipulate, threaten, or exploit immigrant workers are not only unethical—they’re breaking the law.
At Guerra & Casillas LLP, we fight for workers, not corporations, not abusive employers, and not those who exploit immigration status as a weapon. If you or someone you know is being mistreated due to immigration status, we will explore every possible legal avenue, including protection against deportation.
How Guerra & Casillas LLP Can Help You
We understand the fear, the uncertainty, and the very real risks many immigrant workers face. Our experienced legal team can help you:
- Assert your labor rights
- Take legal action against retaliation
- Seek potential immigration protections, including a U Visa or Deferred Action
Don’t let fear keep you silent. Contact Guerra & Casillas LLP today for a confidential consultation. Let’s fight for your rights—together.
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